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Resolution 4905/Annexation2004:1:9710 3 G () RESOLUTION NO. 40 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALI PELL BY INCLUDING THEREIN EIN AS AN ANNEXATION E .TA I REAL PROPERTY, AS MORE PARTICULARLY E I IBED ON EXHIBIT � LOCATED IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, ViONTANA, TO BE KNOWN AS PURDYADDITION NO. 3 0; T ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALI PELL ZONING ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from. Russell Jr. Purdy, the owner of property located on the southwest comer of Three Mile Drive and Stillwater Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri- ity Planning Office has made a report on the Purdy Annexation Request, #IAA-0 -111 PUD-04-5, dated June , 2004, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City - , Single Family Residential with a PUD overlay on approximately 31 acres upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code .Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS; SECTION I. That all the real property as described on Exhibit "A" be sexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be mown as Purdy Addition No. 350. SECTION II. Upon the effective date of this Resolution., the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with. the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or an the effective date hereof, whichever shall o-ceur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance. zoo4197 1 G 3 6 C) SECTION IV. This Resolution shall be effective immediately upon passage by the City Council, PASSED AND APPROVED ED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY O Pamela B. Kenneq { Mayor ATTEST: Theresa White City Clerk zoo4 19 7 1 O3 6 () I WX 101-1-1-16,11 im RUSSELL PURDY I BOWSER CREEK EST'ES' LEGAL DESCRIPTION The land referred to in this policy is situated in the State of Q ni: a, County of Flathead and is described as follows: A tract of land situated, lying and being �n the Nort leas t Quarter of the Northeast Quarter ('EI / 4NE1 / 4) . of sectlion n { Township 8 North, Range 22 West, F + M . . f Flathead County, Montana, and more particularly described as follows to wit Commencing at the Northeast corner of the Northeast Quarter of the Northeast Quarter of Section 11, Township 28 North, Range 22 West, P.M.M. { Flathead County,. Montana r why. ch is a fo d ]brass cap t thence along the East boundary of said NEB. / 4NE1 / 4 South o 4 + 51 1 41 " West, 59.91 feet to a ~found 'iron pin and the True Point of Beg:*Lnning of the tract of land herein described- theme South 04 ' 5 ' 7 " West 1127.30 feet to a found iron pin and the Northeast corner of the Flat of Two Il.e Tract, Ph, 2 (.records of Flathead county, Montana) f theme along the North boundary of said Plat South 8 9 ` 0 ' 5 6 '1 west 1266.46 feet to a found iron pin on the West boundary of said NEB. / 4NE1 / 4 and the Northwest corner of said Plat r theme lea ink said Plat and al ang the west boundary of said NEI / 4NEI / 4 North 02 ' 5 8 r 18 " East 426.98 feet to a found iron pin; thence North 0 ' 47 ' 5 8 " East 317 _12 feet to the approximated thread of a creek thence along said thread the following Eleven (1) courses. North 75 * 49 ' 14 " East 48.91 feet; Worth 2 * 55 , 03 " East 126.82'feet; North 63 ' 8 8 145 " East 45.05 feet r South 25412f4711 East 25 -96 feet r South 43 * 17 , 3 7 11 East 16.90 'f eet; 'South 79 ' 37 ` 58 1, East 54.16 feet; South 10 * 47 " 3 81, East 31.22 feet; South 53*2114911 East 7.99 feet; North 41 * 2 6 f 4411 East '11 .5 0 feet; Forth 75 ` 5' 148 rr East 24-96 feet; South 57' 18 " 3 0 " East 2 3 , 8 feet,- thence leaving said thread North 56' 42' 16" East 83 , 11 feet to a set iron pink theme .North 0 ; 47 , 81' East 3 ? 5 ; 1 feet to a set iron pin on the Southerly R /w of Three Mile Drive,- thence along said Southerly RI North 8,9' 54' 57" East 475.22 feet to a foutid iron ini thence South 0 5 ' 5 0 ` 17 " East 12.0 5 feet to a found R/W monument; thence. South 8 9` 5 8 r 3 9" East 521.62 feet to the Point of E egi=ing . "bract 2 , ertificate of Survey No. 15888. according to the F`l athead 'County tax rolls the property address for the ixi s ur ed de 5 r ip t i on is as follows; None given. ;47�-4`� 9��